Abuse Of Discretion (Standard Of Review)

12,259 Florida cases classified under this topic, plus 1,650 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Hanson Tr. PLC v. ML SCM Acquisition Inc.
  781 F.2d 264· 2d Cir.· 1986-01-06 ·cited 27×
  The court held that the trial court's findings indicated a likelihood of a breach of the duty of due care by the directors, despite the business judgment rule.
• United States v. Mitchell
  777 F.2d 248· 5th Cir.· 1985-11-26 ·cited 27×
  The court held that the district court did not abuse its discretion in denying motions for continuance, as defendants failed to show prejudice or that the denial obstructed justice. The court also found the RICO enterprise was adequately defined and proven.
• Int'l Woodworkers OF Am., AFL-CIO v. Donovan
  792 F.2d 762· 9th Cir.· 1985-08-28 ·cited 27×
  The court held that attorneys' fees and costs were properly awarded under the EAJA, but post-judgment interest on the fee award was not authorized.
• Goslin v. Racal Data Commc'ns, Inc.
  468 So. 2d 390· Fla. 3d DCA· 1985-04-23 ·cited 27×·via Abuse Of Discretion Standard For Costs
  Goslin, a former Milgo employee, sued his employer Racal-Milgo for specific performance of stock options and damages after a corporate merger converted his remaining stock options to cash payments. The court affirmed summary judgment and final judgment for the employer, finding t
• In re Int'l Horizons, Inc. v. Int'l Horizons, Inc.
  751 F.2d 1213· 11th Cir.· 1985-01-31 ·cited 27×
  The court held that the bankruptcy court did not abuse its discretion in disallowing the IRS's untimely amended proofs of claim for corporate income taxes, as they constituted new claims and the IRS's delay and negligence weighed against equitable allowance.
• Ackerley Commc'ns, Inc. v. The City OF Salem
  752 F.2d 1394· 9th Cir.· 1985-01-30 ·cited 27×
  The court holds that the Civil Rights Attorney’s Fee Awards Act of 1976 should be interpreted to allow fee shifting as a reward for success, even if fee shifting was not an inducement to litigate.
• Tarter v. Raybuck
  742 F.2d 977· 6th Cir.· 1984-08-31 ·cited 27×·via Abuse Of Discretion (Appellate Review)
  The court held that school officials had reasonable cause to search a student based on their observations and that the search was reasonable under the circumstances, affirming the district court's decision on different grounds. The court also affirmed the award of attorney fees t
• United States v. Dalfonso
  707 F.2d 757· 3d Cir.· 1983-05-12 ·cited 27×
  The court held that the trial judge did not err by refusing to recuse himself, nor by permitting a witness to invoke the Fifth Amendment on cross-examination regarding cumulative impeachment evidence.
• Washington v. Sherwin Real Est., Inc.
  694 F.2d 1081· 7th Cir.· 1982-12-08 ·cited 27×
  The court held that the district court did not abuse its discretion in allowing the plaintiffs' attorney to withdraw and directing the plaintiffs to proceed pro se without a continuance, nor was the finding of no actionable discrimination clearly erroneous.
• Playboy Enters., Inc. v. Baccarat Clothing Co., Inc.
  692 F.2d 1272· 9th Cir.· 1982-11-22 ·cited 27×
  The court held that the trial court abused its discretion by not awarding an accounting of profits for willful trademark infringement and by refusing to award attorneys' fees in an exceptional case.
• Aztec Steel Co. v. Fla. Steel Corp.
  691 F.2d 480· 11th Cir.· 1982-11-04 ·cited 27×
  The court held that the district court did not abuse its discretion in dismissing the antitrust action for willful failure to comply with discovery orders.
• Thornberry v. DELTA AIR Lines, Inc.
  676 F.2d 1240· 9th Cir.· 1982-05-05 ·cited 27×
  The court held that the trial court did not abuse its discretion in awarding attorneys' fees and costs, affirming the judgment and subsequent orders.
• Rothenberg v. Sec. Mgmt. Co., Inc.
  667 F.2d 958· 11th Cir.· 1982-02-08 ·cited 27×
  The court held that a plaintiff's lack of knowledge, understanding, and commitment, combined with other factors, can render them an inadequate representative in a shareholder derivative suit, even if potential leverage issues are resolved.
• Corchado v. Puerto RICO Marine Mgmt., Inc.
  665 F.2d 410· 1st Cir.· 1981-12-08 ·cited 27×
  The court held that the district court did not abuse its discretion in dismissing the case for failure to comply with discovery orders and for the plaintiff's counsel's failure to attend a pretrial conference.
• Daves v. Payless Cashways, Inc.
  661 F.2d 1022· 5th Cir.· 1981-11-20 ·cited 27×·via Abuse Of Discretion Standard For Trial Court Rulings
  The court held that the trial court did not abuse its discretion in denying the plaintiff's motion to amend her complaint, and affirmed the finding that she failed to establish a prima facie case of sex discrimination.
• Dickerson v. Metro. Dade Cnty.
  659 F.2d 574· 5th Cir.· 1981-10-19 ·cited 27×·via Abuse Of Discretion Standard For Evidentiary Rulings
  The court held that the trial court did not abuse its discretion in excluding the EEOC investigator's opinion testimony and that the evidence supported the finding that the plaintiff was not discharged in retaliation for filing an EEOC complaint.
• In re Covington Grain Co., Inc. v. Wiley Deal
  638 F.2d 1357· 5th Cir.· 1981-03-13 ·cited 27×
  The denial of a petition for substitution is an appealable order under the collateral order doctrine, but the bankruptcy and district courts did not abuse their discretion in denying the petition for substitution.
• Bernadine Raiford v. Pounds
  640 F.2d 944· 9th Cir.· 1981-02-23 ·cited 27×
  The court held that dismissal for failure to prosecute was too harsh a sanction under the circumstances, but affirmed the district court's order limiting the participation of out-of-state counsel.
• Chromalloy Am. Corp. v. SUN Chem. Corp. & Norman E. Alexander
  611 F.2d 240· 8th Cir.· 1979-12-14 ·cited 27×
  The court held that the district court did not err in ordering disclosure of Sun's control purpose, nor did it abuse its discretion in refusing further disclosures or additional injunctive relief.
• Whitfield v. United States
  401 F.2d 480· 9th Cir.· 1968-10-07 ·cited 27×
  The court held that denying a Rule 35 motion to reduce a sentence was not an abuse of discretion when the defendant persisted in maintaining innocence after conviction and the denial was not based on the plea but on the lack of remorse.
• Coggan v. Coggan
  183 So. 2d 839· Fla. 2d DCA· 1966-02-25 ·cited 27×
  Husband appeals three consolidated divorce-related orders awarding attorney's fees to his former wife. The court affirmed all three awards, holding that the chancellor's discretionary awards of attorney's fees were supported by the evidence and circumstances of the protracted lit
• Martin v. Graybar Elec. Co., Inc.
  266 F.2d 202· 7th Cir.· 1959-04-02 ·cited 27×
  The dissenting judge believes the District Court did not abuse its discretion in refusing to issue an injunction.
• United States ex rel. Hull v. Stalter
  151 F.2d 633· 7th Cir.· 1945-11-06 ·cited 27×·via Abuse Of Administrative Discretion
  The court held that the Selective Service Board abused its discretion by refusing to classify the relator as a minister of religion, as subsequent proof conclusively demonstrated his entitlement to such classification.
• Dream Defenders v. Governor of the State of Fla.
  57 F.4th 879· 11th Cir.· 2023-01-10 ·cited 26×
  The Eleventh Circuit certified a question about the interpretation of Florida's riot statute to the Florida Supreme Court, finding it appropriate to allow the state court to interpret the law before ruling on its constitutionality.
• Pena v. Rodriguez
  273 So. 3d 237· Fla. 3d DCA· 2019-05-22 ·cited 26×
  David Pena appeals a final paternity judgment establishing parental responsibility, timesharing, and child support. The trial court based its judgment on informal counsel proffer rather than sworn evidence presented at a full evidentiary hearing, thereby denying Pena procedural d
• Telemundo Media, LLC v. Mintz
  194 So. 3d 434· Fla. 3d DCA· 2016-05-06 ·cited 26×
  The court held that all elements for injunctive relief were satisfied, reversing the trial court's denial of a temporary injunction.
• Bymel v. Bank OF Am., N.A.
  159 So. 3d 345· Fla. 3d DCA· 2015-03-11 ·cited 26×
  The trial court abused its discretion by denying a motion to intervene in a foreclosure action filed by a purchaser who had engaged in a short sale approved by the bank.
• Nucci v. Target Corp.
  162 So. 3d 146· Fla. 4th DCA· 2015-01-07 ·cited 26×
  Maria Nucci petitioned for certiorari relief to quash a discovery order compelling production of photographs from her Facebook account in a personal injury slip-and-fall case. The Fourth District Court of Appeal denied the petition, holding that the photographs were relevant to N
• Ledo v. Seavie Res., LLC
  149 So. 3d 707· Fla. 3d DCA· 2014-09-17 ·cited 26×
  In this mortgage foreclosure action, the trial court struck David Ledo's pleadings and entered judgment against him after he repeatedly failed to comply with discovery orders while representing himself pro se. The appellate court affirmed, holding that the record clearly demonstr
• Elyse Fichtel v. Fichtel
  141 So. 3d 593· Fla. 4th DCA· 2014-05-21 ·cited 26×
  Elyse Fichtel appealed a final judgment dissolving her marriage to Marc Fichtel, challenging the trial court's award of durational rather than permanent alimony and the partial award of attorney's fees. The Fourth District Court of Appeal affirmed the alimony award but reversed t
• Ghanzanfar Raza v. Deutsche Bank Nat'l Tr. Co. in Tr. for the Benefit of the Certificateholders for Argent Sec. Tr. 2005-W4
  100 So. 3d 121· Fla. 2d DCA· 2012-09-21 ·cited 26×
  Ghanzanfar Raza appeals the denial of attorney's fees following involuntary dismissal of Deutsche Bank's foreclosure lawsuit. The court affirms the denial, holding that while Raza qualified as a prevailing party entitled to claim fees under Florida law, his evidence of a reasonab
• Jamilette Hallac v. Hallac
  88 So. 3d 253· Fla. 4th DCA· 2012-02-29 ·cited 26×
  In this family law appeal, the Fourth District addressed when a trial court may reduce or deny attorney's fees to a divorcing spouse based on rejection of settlement offers. The court affirmed the reduction of the wife's fees for time spent after refusing a favorable settlement o
• Univ. Med. Clinics, Inc. v. Quality Health Plans, Inc.
  51 So. 3d 1191· Fla. 4th DCA· 2011-01-05 ·cited 26×
  University Medical Clinics and its president Dr. Sadow appealed a trial court's grant of temporary injunctive relief to Quality Health Plans, a Medicare HMO, preventing them from soliciting QHP members to disenroll and requiring production of medical records. The appellate court
• Wofford v. Wofford
  20 So. 3d 470· Fla. 4th DCA· 2009-11-04 ·cited 26×
  Wife appeals final judgment in dissolution of marriage, challenging trial court's award of only bridge-the-gap alimony despite husband's substantial income and wife's inability to self-support, as well as court's allowance of contempt avoidance through quitclaim and denial of att
• Bologna v. Schlanger
  995 So. 2d 526· Fla. 5th DCA· 2008-06-20 ·cited 26×
  Tracy Bologna appeals the trial court's order dismissing her personal injury suit with prejudice for alleged fraud on the court based on inconsistencies in her discovery responses regarding prior back and neck injuries. The Fifth District reversed, holding that the trial court er
• Ferebee v. State
  967 So. 2d 1071· Fla. 2d DCA· 2007-11-09 ·cited 26×
  Shawn Ferebee appeals his convictions for robbery and attempted robbery with a firearm, arguing the trial court erred by applying the wrong legal standard when denying his motion for new trial. The court agrees that the trial court incorrectly applied the sufficiency of the evide
• Trent L. Smith v. Heidrun Smith
  912 So. 2d 702· Fla. 2d DCA· 2005-10-28 ·cited 26×
  In this divorce appeal, the Florida Second District Court of Appeal affirmed the trial court's award of primary residential custody to the wife and denial of income imputation, but reversed and remanded on issues concerning the alimony award, life insurance requirement, and child
• Artuso v. Dick
  843 So. 2d 942· Fla. 4th DCA· 2003-04-09 ·cited 26×
  In this family law case, a trial court awarded the father primary physical custody of the parties' child and vacated the mother's vested child support arrearage, offsetting it against her newly-imposed support obligation. The Fourth District Court of Appeal affirmed the custody a
• Palmore v. State
  838 So. 2d 1222· Fla. 1st DCA· 2003-03-07 ·cited 26×
  Albert Lee Palmore was convicted of second-degree murder for killing his former girlfriend, but appealed arguing the trial court erred by denying his request for a jury instruction on heat of passion as a defense to reduce the charge to manslaughter. The appellate court agreed th
• Gahn v. Holiday Prop. Bond, Ltd.
  826 So. 2d 423· Fla. 2d DCA· 2002-08-09 ·cited 26×
  The court reversed the trial court's denial of attorney's fees under section 57.105, Florida Statutes, holding that the defendants' motion to dismiss challenging personal jurisdiction was not supported by material facts or existing law, particularly after discovery revealed subst
• Emmer v. Brucato
  813 So. 2d 264· Fla. 5th DCA· 2002-04-12 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motion to vacate the default judgment, as the appellant failed to meet the required legal standards.
• Precision Tune Auto Care, Inc. v. Radcliffe
  804 So. 2d 1287· Fla. 4th DCA· 2002-02-06 ·cited 26×
  Precision Tune Auto Care failed to comply with a court order to produce three specific corporate representatives for depositions, resulting in the trial court striking its pleadings. The Fourth District affirmed the striking of pleadings as a proper sanction for deliberate and co
• Sinclair v. Sinclair
  804 So. 2d 589· Fla. 2d DCA· 2002-01-18 ·cited 26×
  Tina Sinclair appeals a trial court's decision denying her request for primary residential custody of her three children, who had lived with their paternal grandmother since 1991. The court affirmed, finding that the existing arrangement was in the children's best interests and t
• CBS Broad., Inc. v. Echostar Commc'ns Corp.
  265 F.3d 1193· 11th Cir.· 2001-09-17 ·cited 26×
  EchoStar Communications Corporation appealed a preliminary injunction prohibiting it from transmitting distant network signals to "served" households under the Satellite Home Viewer Act (SHVA) and the Satellite Home Viewer Improvement Act of 1999. The Eleventh Circuit vacated the
• State v. Clay
  780 So. 2d 269· Fla. 5th DCA· 2001-03-02 ·cited 26×
  The State appeals a downward departure sentence imposed on a defendant convicted of violation of probation. The trial court suspended the entire prison sentence and conditioned it on successful completion of probation with drug treatment, citing the defendant's need for drug reha
• White v. Consol. Freightways Corp. OF Del.
  766 So. 2d 1228· Fla. 1st DCA· 2000-09-25 ·cited 26×
  In this personal injury motor vehicle accident case, the Florida District Court of Appeal reversed a jury verdict for defendants because defense counsel improperly commented during opening statements that no one at the accident scene told the investigating officer the truck drive
• Robinson v. State
  689 So. 2d 1147· Fla. 4th DCA· 1997-02-26 ·cited 26×
  The court held that a defendant who accepts the benefits of probation cannot later challenge the legality of a condition of that probation, but remanded for correction of a written sentence that did not conform to the oral pronouncement.
• Angelia Sullivan v. Sullivan
  668 So. 2d 329· Fla. 4th DCA· 1996-02-21 ·cited 26×
  A mother appealed a custody award favoring the father, arguing she should have preferential consideration as the child's mother. The court affirmed the award, holding that the statutory abolition of the 'tender years' doctrine requires courts to evaluate all relevant statutory fa
• Vero v. Vero
  659 So. 2d 1348· Fla. 5th DCA· 1995-09-08 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motion for change of venue because the moving party failed to meet her burden of showing substantial inconvenience.
• Butts v. State
  644 So. 2d 605· Fla. 1st DCA· 1994-11-07 ·cited 26×
  An anonymous tip lacking specific predictions of future behavior or direct observations of criminal activity does not provide reasonable suspicion for an investigatory stop, even when officers corroborate only innocent details such as clothing and location prior to the detention.